What Happens If You Die Without a Will in Ontario?

If you die without a valid will in Ontario, you die intestate — and Ontario's Succession Law Reform Act (SLRA) decides who gets what. You lose all say, the court appoints an administrator, and the process is slower and costlier for your family.

Ontario's intestacy formula

Ontario gives a married spouse a preferential share before anything is divided. As of March 1, 2021, that share is $350,000.

• Spouse, no children: the spouse inherits the entire estate.
• Spouse + one child: spouse gets the first $350,000, then the remainder is split half to the spouse, half to the child.
• Spouse + two or more children: spouse gets the first $350,000, then one-third to the spouse and two-thirds shared among the children.
• No spouse: the estate goes to the children equally; if a child died first, their share passes to their own children (per stirpes).
• No spouse or children: it flows outward — parents, then siblings, then nieces/nephews, then more distant kin. With no relatives at all, the estate goes to the Ontario government.

Common-law partners get nothing

This surprises people: in Ontario, "spouse" for intestacy means legally married. A common-law partner — no matter how many years you lived together — does not inherit under intestacy. They may have to pursue a dependant's support or equitable claim, which is uncertain, slow, and expensive. Only a will guarantees a common-law partner is provided for.

The administrator and the court

With no will, there's no named executor. Someone (usually the closest relative) must apply to be estate trustee without a will and get a Certificate of Appointment before banks, the land registry, or investment firms will release anything. Until that certificate is granted, the estate is frozen — which can take weeks or months.

Minor children

If your minor children have no surviving parent and you left no will, the court decides who raises them. That guardian may not be who you would have chosen. A will lets you name a guardian.

Bottom line

Intestacy in Ontario is a rigid government formula that ignores common-law partners, friends, and charities, and hands guardianship decisions to a judge. A simple will avoids all of it.

Frequently asked questions

Who inherits if there is no will in Ontario? Your married spouse (first $350,000 plus a share) and children; if none, increasingly distant blood relatives. Does the government take your estate in Ontario? Only if you have no spouse and no traceable relatives at all. Who becomes the administrator of an estate in Ontario? Usually the closest relative, who must apply to the court to be appointed estate trustee. What happens to minor children with no will in Ontario? A court appoints a guardian, which may not match your wishes.

Not legal advice. General information about Ontario law as of 2026. Confirm specifics with an Ontario estate lawyer.